S T A T E   O F   N E W   Y O R K
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                                  1671

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  GIANARIS, MARKEY, NOLAN, PHEFFER, BENEDETTO,
  COOK, ROSENTHAL, MILLMAN, GALEF, DIAZ,  ROBINSON,  FIELDS,  JAFFEE  --
  Multi-Sponsored  by  --  M.  of A. BING, BOYLAND, CYMBROWITZ, DESTITO,
  DINOWITZ, GOTTFRIED, McENENY, PERRY, REILLY, SAYWARD,  TOWNS,  WEISEN-
  BERG  --  read  once  and  referred  to the Committee on Corporations,
  Authorities and Commissions

AN ACT to amend the public service law, in relation to  the  appointment
  of members of the public service commission

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 4 of the public service law is amended by adding  a
new subdivision 4 to read as follows:
  4.  TO  ENSURE  THE HIGHEST STANDARD OF PUBLIC UTILITY REGULATION, ANY
PERSON APPOINTED AS A COMMISSIONER PURSUANT TO THE  PROVISIONS  OF  THIS
SECTION  SHALL  BE QUALIFIED FOR SUCH APPOINTMENT AS PROVIDED IN SECTION
FOUR-A OF THIS ARTICLE.
  S 2. The public service law is amended by adding a new section 4-a  to
read as follows:
  S  4-A.  PUBLIC  SERVICE  COMMISSION  NOMINATING  BOARD. 1. ANY PERSON
APPOINTED AS A COMMISSIONER PURSUANT TO THE PROVISIONS OF  SECTION  FOUR
OF THIS ARTICLE SHALL (A) HAVE EDUCATION AND TRAINING, AND THREE OR MORE
YEARS  OF  EXPERIENCE IN ONE OR MORE OF THE FOLLOWING FIELDS: ECONOMICS,
ENGINEERING, LAW, ACCOUNTING, BUSINESS MANAGEMENT,  UTILITY  REGULATION,
PUBLIC  POLICY,  CONSUMER  ADVOCACY OR ENVIRONMENTAL MANAGEMENT; AND (B)
SHALL BE SELECTED FROM A LIST OF INDIVIDUALS NOMINATED  AS  PROVIDED  IN
SUBDIVISION TWO OF THIS SECTION.
  2.  (A)  THERE SHALL BE ESTABLISHED IN THE DEPARTMENT A PUBLIC SERVICE
COMMISSION NOMINATING BOARD CONSISTING OF THE FOLLOWING:
  (1) THE EXECUTIVE DIRECTOR OF THE STATE CONSUMER PROTECTION BOARD,  OR
HIS OR HER DESIGNEE;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD03839-01-9

A. 1671                             2

  (2)  THE  PRESIDENT OF THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
MENT AUTHORITY, OR HIS OR HER DESIGNEE;
  (3) THE COMMISSIONER OF ECONOMIC DEVELOPMENT, OR HIS OR HER DESIGNEE;
  (4)  THE  COMMISSIONER  OF  ENVIRONMENTAL  CONSERVATION, OR HIS OR HER
DESIGNEE;
  (5) THE ATTORNEY GENERAL, OR HIS OR HER DESIGNEE;
  (6) A PROFESSIONAL ENGINEER APPOINTED BY THE  COMMISSIONER  OF  EDUCA-
TION, TO SERVE AT THE PLEASURE OF SUCH COMMISSIONER;
  (7)  A  CERTIFIED  PUBLIC  ACCOUNTANT APPOINTED BY THE COMMISSIONER OF
EDUCATION, TO SERVE AT THE PLEASURE OF SUCH COMMISSIONER;
  (8) A PERSON SIXTY-FIVE YEARS OF AGE OF OLDER APPOINTED BY THE  DIREC-
TOR  OF THE STATE OFFICE FOR THE AGING, TO SERVE AT THE PLEASURE OF SUCH
DIRECTOR;
  (9) A REPRESENTATIVE OF BUSINESS ENTITIES REGULATED BY THE COMMISSION,
APPOINTED BY THE GOVERNOR, TO SERVE AT THE PLEASURE OF THE GOVERNOR;
  (10) A REPRESENTATIVE OF BUSINESS ENTITIES THAT ARE NOT  REGULATED  BY
THE  COMMISSION,  APPOINTED BY THE GOVERNOR, TO SERVE AT THE PLEASURE OF
THE GOVERNOR;
  (11) A REPRESENTATIVE OF LABOR APPOINTED BY THE GOVERNOR, TO SERVE  AT
THE PLEASURE OF THE GOVERNOR;
  (12)  TWO MEMBERS OF THE PUBLIC APPOINTED BY THE SPEAKER OF THE ASSEM-
BLY, TO SERVE AT THE PLEASURE OF THE SPEAKER;
  (13) TWO MEMBERS OF THE PUBLIC APPOINTED BY THE TEMPORARY PRESIDENT OF
THE SENATE, TO SERVE AT THE PLEASURE OF THE TEMPORARY PRESIDENT;
  (14) A MEMBER OF THE PUBLIC APPOINTED BY THE MINORITY  LEADER  OF  THE
ASSEMBLY, TO SERVE AT THE PLEASURE OF THE MINORITY LEADER; AND
  (15)  A  MEMBER  OF THE PUBLIC APPOINTED BY THE MINORITY LEADER OF THE
SENATE, TO SERVE AT THE PLEASURE OF THE MINORITY LEADER.
  (B) AT ITS INITIAL MEETING IN EACH CALENDAR  YEAR,  SUCH  BOARD  SHALL
SELECT  FROM AMONG ITS MEMBERS A CHAIRPERSON. THE BOARD MAY ADOPT BYLAWS
GOVERNING ITS PROCEEDINGS.
  (C) THE PUBLIC SERVICE COMMISSION NOMINATING BOARD SHALL KEEP A RECORD
OF ITS PROCEEDINGS. SPECIAL MEETINGS MAY BE CALLED BY  THE  CHAIRPERSON,
AND SHALL BE CALLED BY THE CHAIRPERSON UPON RECEIPT OF A WRITTEN REQUEST
FOR A MEETING SIGNED BY TWO OR MORE MEMBERS OF THE BOARD. WRITTEN NOTICE
OF  THE  TIME  AND PLACE OF EACH MEETING SHALL BE SENT TO EACH MEMBER OF
THE BOARD.
  (D) THE PUBLIC SERVICE COMMISSION NOMINATING BOARD SHALL:
  (1) REVIEW AND EVALUATE POSSIBLE APPOINTEES FOR THE OFFICE OF  COMMIS-
SIONER OF THE COMMISSION;
  (2)  NOT  MORE  THAN EIGHTY-FIVE NOR LESS THAN SIXTY DAYS PRIOR TO THE
EXPIRATION OF THE TERM OF A COMMISSIONER, OR NOT MORE THAN  THIRTY  DAYS
AFTER  THE  DEATH  OR  RESIGNATION  OF  OR  TERMINATION OF SERVICE BY, A
COMMISSIONER, PROVIDE THE GOVERNOR WITH A LIST OF FOUR INDIVIDUALS MEET-
ING THE QUALIFICATIONS OF THIS SECTION WHO ARE, IN THE JUDGMENT  OF  THE
BOARD,  THE  MOST  FULLY QUALIFIED TO SERVE ON THE COMMISSION. THE BOARD
SHALL NOT INCLUDE THE NAME OF AN INDIVIDUAL UPON ANY SUCH  LIST  IF  THE
APPOINTMENT OF THAT INDIVIDUAL BY THE GOVERNOR WOULD RESULT IN A GREATER
NUMBER  OF  MEMBERS  OF  THE  COMMISSION BELONGING TO THE SAME POLITICAL
PARTY THAN IS PERMITTED PURSUANT TO SECTION FOUR OF THIS ARTICLE.
  (3) IN REVIEWING AND EVALUATING POSSIBLE APPOINTEES FOR THE OFFICE  OF
COMMISSIONER  OF  THE  COMMISSION,  THE  BOARD MAY ACCEPT COMMENTS FROM,
COOPERATE WITH AND REQUEST INFORMATION FROM ANY PERSON.
  (E) WITHIN THIRTY DAYS OF RECEIPT OF THE BOARD'S RECOMMENDATIONS,  THE
GOVERNOR  SHALL  APPOINT  ONE OF THE PERSONS RECOMMENDED BY THE BOARD TO
FILL A VACANCY OCCURRING IN THE OFFICE OF COMMISSIONER. NOTHING IN  THIS

A. 1671                             3

SECTION  SHALL  PREVENT  THE  GOVERNOR IN THE GOVERNOR'S DISCRETION FROM
REJECTING ALL OF THE NOMINEES OF THE BOARD AND RECONVENING THE BOARD  IN
ORDER TO SELECT FOUR ADDITIONAL NOMINEES. HOWEVER, WHEN THE GOVERNOR HAS
RECONVENED  THE  BOARD  AND  THE  BOARD HAS PROVIDED THE GOVERNOR WITH A
SECOND LIST OF FOUR NAMES, THE GOVERNOR SHALL MAKE THE APPOINTMENT  FROM
ONE OF THE NAMES ON THE FIRST LIST OR THE SECOND LIST.
  (F)  THE  MEMBERS OF THE BOARD SHALL RECEIVE NO COMPENSATION FOR THEIR
SERVICES ON THE BOARD BUT SHALL BE ENTITLED TO  REIMBURSEMENT  OF  THEIR
ACTUAL AND NECESSARY EXPENSES.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.